SimplicityLabs

APRICO makes TV personal
Aprico.tv delivers an intelligent service which enables viewers to create personalized TV channels that reflect their viewing preferences on the basis of both conventional TV programs and available internet video offerings.
Introduction

In order to take part in this experiment, we kindly ask you to agree to the following statements and leave your email adress below. A link to the experiment will be sent to you by email. Your email address will not be used for any other purpose.

License Agreement

THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT, HEREINAFTER REFERRED TO AS THE "AGREEMENT", BETWEEN YOU AND PHILIPS ELECTRONICS NEDERLAND B.V. ("PHILIPS"). BY DOWNLOADING THE SOFWARE, YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT ALLOWED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE.


License. Subject to the terms and conditions herein, Philips grants to you, as licensee, a non-exclusive, non-transferable and royalty-free license to download, install and use the Software (the "Software", as identified in the documentation) in object code only on a single central processing unit under your direct control and solely for your personal use purposes and to evaluate the Software but for no other purpose. The Software may be used to reproduce materials so long as such use is limited to non-copyrighted materials, materials in which you own the copyright, or materials with respect to which you are authorized or legally permitted to reproduce. You may make a single copy of the Software for backup purposes only, provided that you reproduce all copyright and other proprietary notices. No license is granted to you for any other purpose.

Restrictions. You may not use, copy, modify (except to the extent applicable laws specifically prohibit such restriction) or transfer the Software, in whole or in part, except as expressly provided for in this Agreement. You may not reverse engineer, disassemble, or decompile the Software, or otherwise attempt to derive the source code of the Software (except to the extent applicable laws specifically prohibit such restriction). You may not make the Software available over a network where it could be used by multiple computers at the same time. You may not rent, disclose, publish, lease, loan, resell, distribute or sublicense the Software, or any part thereof.

Title. The Software is licensed, not sold, to you for use only in accordance with the terms of this Agreement. The Software is proprietary to Philips and/or its third party licensors and is protected by copyright and other intellectual property laws. You agree that you are acquiring only the right to use the Software as provided for herein, and Philips and/or its third party licensors shall retain at all times all right, title and interest in or to the Software.

Confidentiality. The Software contains confidential and/or proprietary information of Philips and/or its third party licensors. You agree not to disclose, provide or otherwise make available such confidential or proprietary information in any form to any third party. You shall implement reasonable security measures to protect such confidential and/or proprietary information.

Consent to Use of Data. You agree that Philips will collect and use information about you, your habits and the way you use the Software when that connects to Philips' server. Philips will collect any data about you only anonymously and will never collect content (e.g. photos or videos) or other personal information from your computer. Philips will also ask for your feedback on the Software anonymously and will use this information to improve the Software. 

Non-continuity of the service. Philips reserves the right to change, suspend, remove, or disable access to the services on this webpage at any time without notice which may influence your ability to use the Software. In no event will Philips be liable for the removal of or disabling of access to any services. 

Warranty Disclaimer. The Software is provided to you on an "AS IS" basis, without warranty of any kind. Philips does not warrant that your use of the Software will be uninterrupted or error-free. Philips does not warrant or make any representations regarding the use or the intended result of the use of the Software, and you agree to assume the entire risk as to the quality and performance of the Software, and for the results obtained from using the Software. Philips does not warrant and shall not be obligated to or correct defects in the Software or provide updates to the Software to you. TO THE FULLEST EXTENT PERMITTED BY LAW, PHILIPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHILIPS, ITS AFFILIATES, DISTRIBUTORS, DEALERS, AGENTS OR ITS OR THEIR EMPLOYEES SHALL CREATE ANY WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability. To the fullest extent permitted by law, Philips and its affiliates, distributors, dealers, agents and its and their employees shall not be liable to you or any other person, under any circumstances or under any legal theory, whether tort, contract, or otherwise, for any damages including without limitation direct, indirect, special, incidental, consequential (including damages for loss of use, profit, work stoppage, data, business or revenue) or other damages incurred by you or any third party, even if Philips has been advised of the possibility of such damages
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Philips's total liability to you for all damages exceed the amount of fifty euros (Euro 50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Third party materials and/or open source software
 
The Software contains third party materials in the form of open source software. These open source softwares are licensed under such terms that require as a condition of use, modification and/or distribution of a work (i) the making available of source code or other materials preferred for modification, or (ii) the granting of permission for creating derivative works, or (iii) the reproduction of certain notices or license terms in derivative works or accompanying documentation, or (iv) the granting of a royalty-free license to any party under intellectual property rights regarding the work and/or any work that contains, is combined with, requires or otherwise is based on work. 
The source codes of the open source softwares that are embedded into the Software, and the respectively applicable license conditions are available on the website www.simplicitylabs.net/opensource
You may download and use these open source softwares under the conditions stated in the respective license terms. Your download and use of those open source softwaresshall not result in any additional liabilities for Philips beyond those mentioned in the present License Agreement.  
You acknowledge and agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party, and that Philips is not responsible for any such use by you.


Export control. You agree that you will comply with all applicable export and import control laws and regulations and, in particular, will not export or the Software without having obtained all required national and international government licenses, approvals, or waivers.

Indemnification. You agree to indemnify and hold Philips and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys' fees) arising from or relating to any claims that result from or relates to your use of the Software.

Term. This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. You agree upon termination to promptly cease the use of the Software and to promptly destroy the Software and all copies in a form in your possession or control. You may not sublicense, assign or transfer the license granted hereunder or any of the rights, duties or obligations under this Agreement. Any attempt to sublicense, assign or transfer any such rights, duties or obligations shall be null and void.

Miscellaneous. This Agreement represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and Philips relating to the subject matter hereof. No amendment of this Agreement shall be binding upon Philips unless in writing and signed by Philips. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of The Netherlands, and any disputes shall be brought before the courts in The Hague unless Philips decides to bring any dispute before any other court that has jurisdiction under the applicable law.
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